Bill > A2576

Introduced Session

This bill establishes a rebuttable presumption that a defendant subject to a mandatory prison term or a presumption of imprisonment is to be detained prior to trial. Under P.L.2014, c.31, also known as the "Bail Reform Law," criminal courts are authorized to order the pretrial release of a defendant pending further proceedings, or order pretrial detention of a defendant who is found to be a flight risk, a danger to another or the community, or likely to obstruct further criminal proceedings. Currently, there is a rebuttable presumption that a defendant who is charged with murder or a crime that subjects the defendant to an ordinary or extended term of life imprisonment is to be detained pending trial. This rebuttable presumption applies when a prosecutor makes a motion for the pretrial detention, and may be rebutted upon a showing of proof, by a preponderance of the evidence, in favor of the defendant. If the presumption is not rebutted, the court may order pretrial detention of the defendant. If the presumption is rebutted, the prosecutor still has the opportunity to establish grounds for pretrial detention. This bill provides that the rebuttable presumption of pretrial detention also applies to defendants charged with a firearms offense under the "Graves Act" or an offense subject to an 85 percent mandatory minimum sentence under the No Early Release Act (NERA), as well as an offense for which there is a presumption of imprisonment.

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Erik Peterson (R)*, 

Introduced, Referred to Assembly Judiciary Committee (on 01/09/2024)

Official Document